Applying for Letters of Administration in Pennsylvania: Steps and Required Forms

Detailed Answer

When someone dies without a valid will in Pennsylvania, the court appoints an administrator to settle the estate. You must apply for Letters of Administration through the county Orphans’ Court. The process and required forms stem from the Probate, Estates and Fiduciaries Code (Title 20, Chapter 31).

1. Determine Who Qualifies as Administrator

Pennsylvania law lists a strict hierarchy. A surviving spouse or next of kin has first priority. See 20 Pa.C.S. § 3102 (view statute).

2. Complete the Petition for Letters of Administration

Use Orphans’ Court Form OC-310 (download forms). The petition must include:

• Decedent’s personal data and date of death
• Names and addresses of all heirs
• Estimated estate value
• Priority claim for appointment

3. File the Petition and Pay Fees

Submit the completed OC-310 to the Orphans’ Court clerk in the county where the decedent lived. Attach a certified death certificate. Fees vary by county; check local fee schedules.

4. Serve Notice and Obtain Citation

After filing, the court issues a Citation (Form OC-330) and a Notice of Intention to Petition (Form OC-320). Serve these on interested parties at least 10 days before the hearing. See Orphans’ Court Rule 3.1.

5. Post Bond and File Acceptance

If no objections arise, the petitioner must file:

• Bond (Form OC-350) in the amount set by the court
• Acceptance of Appointment (Form OC-340)

Once approved, the court issues the Letters of Administration. Refer to 20 Pa.C.S. § 3141 (view statute).

Relevant Statutes

• 20 Pa.C.S. § 3101 – Who May Obtain Letters (read section)
• 20 Pa.C.S. § 3102 – Priority of Appointment (read section)
• 20 Pa.C.S. § 3141 – Issuance of Letters (read section)

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Pennsylvania for guidance specific to your situation.

Helpful Hints

• Review local Orphans’ Court rules; counties may have unique procedures.
• Obtain multiple certified copies of the death certificate early.
• Compile a list of all potential heirs with contact information.
• Confirm bond amounts and fee schedules with the clerk’s office.
• Consider a probate lawyer if the estate has complex assets or disputes.